Family Law Property Settlement

During our first consultation

we will confidently guide our clients through the Family Law process, with a view to providing clarity, knowledge and peace of mind about the process the client is about to embark upon. We understand that the breakdown of a relationship can be daunting and emotional, and sometimes financially complex, and we appreciate that our clients require practical guidance as to the best way to navigate through these issues. We endeavour to ensure that at the conclusion of our first consultation, our clients have a clear understanding of the Family Law process, and the steps ahead toward achieving resolution.

When two people separate there will always be a need to split the assets of the relationship

Fortunately, we know how to find a settlement that allows both parties to move forward and rebuild their lives, and we can assist with what is fair in the circumstances.

Even if you and your ex-spouse reach a mutually satisfactory settlement it’s a wise idea to have it checked over by a lawyer before you apply for consent orders. We can advise if you’re on the right track, or if you’re selling yourself short.

It is mandatory that both parties attempt to reach an agreement outside of court, before filing an application for property orders. Parties are required to undergo "pre-action procedures" and we can assist in initiating the process

In rare cases, such as situations involving urgency, family violence, refusal to negotiate or fraud, the Court may accept that it is not possible or appropriate for the pre-action procedures to be carried out.

If no agreement can be reached then an application for property orders must be put into the Family Court of Western Australia and must be made within 12 months of your divorce becoming final or two years from date of separation if the parties were in a de facto relationship.

Reliant Legal do not only represent you in Court. We are committed to assisting you in the process of dispute resolution outside of court as well as the formalisation of agreements.

Reaching a settlement out of court saves you and your family considerable time, stress and money.

There are two ways that your agreement can be formalised:

  • Financial Agreements
  • Consent Orders

The advantages of Cosent Orders are:

  • The agreement will be clearly documented and binding on both parties
  • The agreement is made an order of Court
  • If real estate is to be transferred between you and your partner, only nominal ($20) transfer duty* is payable; and

Without Court approval:

  • transfer duty* is payable at ordinary rates based on the value of the real estate transferred; and
  • either party can renege on the deal. The Court can overrule a private arrangement on the application of either party.

Transfer duty is a State Government tax on property transfers payable by a person acquiring land.